FRONT MATTER.PMD - International Seabed Authority

Convention: arts. 222-225
105
of pollution following upon a maritime casualty or acts relating to such a casualty,
which may reasonably be expected to result in major harmful consequences.
2. For the purposes of this article, “maritime casualty” means a collision of
vessels, stranding or other incident of navigation, or other occurrence on board a
vessel or external to it resulting in material damage or imminent threat of material
damage to a vessel or cargo.
Article 222
Enforcement with respect to pollution from or through the atmosphere
States shall enforce, within the air space under their sovereignty or with regard
to vessels flying their flag or vessels or aircraft of their registry, their laws
and regulations adopted in accordance with article 212, paragraph 1, and with
other provisions of this Convention and shall adopt laws and regulations and take
other measures necessary to implement applicable international rules and standards
established through competent international organizations or diplomatic
conference to prevent, reduce and control pollution of the marine environment
from or through the atmosphere, in conformity with all relevant international rules
and standards concerning the safety of air navigation.
SECTION 7. SAFEGUARDS
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take measures to
facilitate the hearing of witnesses and the admission of evidence submitted by
authorities of another State, or by the competent international organization, and
shall facilitate the attendance at such proceedings of official representatives of the
competent international organization, the flag State and any State affected by pollution
arising out of any violation. The official representatives attending such
proceedings shall have such rights and duties as may be provided under national
laws and regulations or international law.
Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this Part may only
be exercised by officials or by warships, military aircraft, or other ships or aircraft
clearly marked and identifiable as being on government service and authorized to
that effect.
Article 225
Duty to avoid adverse consequences
in the exercise of the powers of enforcement
In the exercise under this Convention of their powers of enforcement against
foreign vessels, States shall not endanger the safety of navigation or otherwise